Tinkercast, LLC (“Tinkercast,” “we,” “us,” “our”) produces podcasts and other programming for your family’s enjoyment that are designed to inspire you to put down and turn off your screens and look up at the world. Only parents and guardians over the age of 18 should be sending or submitting information to Tinkercast.
As between you and Tinkercast, all of the elements of the Online Services, including the titles, features, content, and software, are the sole property of Tinkercast (or its Content Providers as defined below) and may only be used for your personal, noncommercial use.
Anything you submit to us via the Online Services, including messages, images (e.g., photographs, videos, and artwork) and story ideas (“User Materials” as defined below”) may be used by us anywhere, at any time, including on the Website, in our podcasts and other programming, and in our promotional materials. You must be at least 18 years of age to submit User Materials.
If you do not comply with this Agreement at all times when using the Online Services, Tinkercast reserves the right to deny or restrict your access to the Online Services. The terms and conditions of this Agreement shall apply regardless of the means by which the Online Services were accessed, including, but not limited to, through the URL address, electronic mail, or links from other websites.
Rules for Using the Online Services
By using the Online Services, its features and submitting User Materials (as defined below), you agree that:
- Your use of the Online Services, including, without limitation, any of the elements or content, is solely for your own noncommercial use and benefit.
- You must be at least 18 years of age to submit any User Materials or personally-identifying information on or through the Online Services. If you are between the ages of 13 and 18, you may browse the Online Services with the consent of your parent or guardian, so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under 13, we will remove that information from our database as soon as possible.
- You will not interfere with any other user’s use and enjoyment of the Online Services. You will not use the Online Services or the information contained therein in unsolicited or unauthorized advertising, promotional materials, junk, duplicates, spam, chain letters or any other forms of solicitation. In particular, you will not use any of our trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Online Services.
- You will not submit, post, upload, distribute, or otherwise make available any User Materials that contains, in Tinkercast’s opinion: (1) personal information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable, inappropriate, or unlawful material; (3) material that could harm minors; (4) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity; or (5) any information intended to promote and/or generate revenue for any third party business activity.
- You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify.
- You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph. You will not submit any personal information to the Online Services, about yourself or others, that is not accurate and truthful.
- When using features on the Online Services that allow you to communicate with others, you will, in Tinkercast’s opinion: (i) use such features solely to inform others about content available on the Online Services; (ii) not upload or send any message that is unlawful, harassing, libelous, slanderous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, hateful, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, insulting, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (ii) not upload or send any commercial, promotional, or solicitation information; and (iii) remain friendly and treat all recipients with respect. You will immediately cease using the Online Service features to communicate with recipients who have requested not to receive communications from you.
- You will not use the Online Services for any harmful or unlawful purpose, including engaging in (or attempting to engage in) any criminal activity including, but not limited to, child pornography, stalking, sexual assault, fraud, harassment, uploading, posting, emailing, transmitting or otherwise making available any content or initiating communications that include information that you have no right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and conspiracy to commit any criminal activity. You agree that your use of the Online Services will not harm minors in any way.
- You will not submit, post, upload, distribute, or otherwise make available any software or other material that contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of Tinkercast.
- You will not interfere with or disrupt the integrity or performance of the Online Services, any portion or contents thereof, or related systems or networks, or use the Online Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you will not attempt to gain unauthorized access to Tinkercast’s computer systems, the Online Services or related systems or networks.
- If you do not agree with the terms of this Agreement, you will not use the Online Services.
Tinkercast cannot and does not guarantee that other Online Service users will comply with the rules above. We reserve the right to change Online Services or delete content or features in the Online Service at any time, in any way, for any or no reason.
Trademarks, trade names, service marks, and logos of Tinkercast, LLC, including, without limitation, “Wow in the World” and Tinkercast.com, may not be used or copied in any manner without Tinkercast’s express prior written consent or except as specifically, provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on the Online Services are the property of their respective owners. In particular, except as specifically provided herein, we prohibit the use, copying, distribution, transmission, display, performance, creation of derivative works, or exploitation in any form or manner of any and all content on the Online Services (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, music clips, still photographs, and software) without our express prior written consent. Further, the computer code that Tinkercast creates to generate its Online Services is protected by copyright and any copying or adapting of such code is strictly prohibited. Tinkercast hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable, and non-transferable limited license to use and display, for your noncommercial and personal use only, one copy of any content that you are authorized to download from the Online Services, including, without limitation, any files, codes, audio, or images incorporated in or generated by software on the Online Services, provided that you maintain all copyright and other notices contained in such material.
To request permission to use Tinkercast’s content, trademarks or other copyrighted material, please contact us at Hello@tinkercast.com.
Users of the Online Services may transmit, post or submit on or through the Online Services messages, recommendations, story ideas, images and other information (“User Materials”). You acknowledge that such User Materials may be routed through Tinkercast’s servers, servers of one or more third parties, and the Internet and be viewed by our staff and the general public. You also acknowledge that the Online Services are for public, not private communications.
You retain all of your ownership rights in the User Materials that you submit on or through the Online Services. However, by uploading and/or sharing any User Materials, you hereby acknowledge that you have received good, valuable and sufficient consideration for them, and grant Tinkercast, its Content Providers, and licensees an irrevocable, perpetual, worldwide, royalty-free and non-exclusive license to use, edit, reproduce, distribute, broadcast, advertise, promote, publicly display, create derivative works based upon and including, and/or otherwise use, at its option and in its sole discretion, the User Content in connection with the Website, advertising or promotion materials, other properties, products and services, and/or in connection with other material relating or referring to the Website, in any and all languages, formats and media, now known or later devised. You also grant to Tinkercast, its Content Providers and licensees the irrevocable, perpetual, worldwide and royalty-free right to use, exhibit, reproduce, distribute and publicly display your name, approved likeness, voice and biographical information in connection with the reproduction, display, distribution, public performance, transmission and/or broadcast of any User Materials, in any and all media now or hereafter known.
You hereby waive and relinquish any right that you may have to inspect, examine or approve any uses of the User Materials by Tinkercast, our Content Providers and licensees in connection with Online Services and the advertising or promotion thereof. You further waive and relinquish any and all claims that you may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of “droit moral” against Tinkercast and its Content Producers with respect to the results and proceeds of the User Materials and agree that Tinkercast may combine, alter or modify, without limitation, such work.
Tinkercast does not endorse any User Materials that are shared/uploaded on the Online Services or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with any such User Materials. User Materials that are found to violate the terms and conditions of this Agreement or that are being used for non-personal, commercial purposes, including but not limited to links to any third-party websites, may be removed without prior notification. If Tinkercast exercises any such rights, the rights given to Tinkercast to any User Materials already supplied to us shall survive termination.
Links to Third-Party Sites, Applications, Platforms and Services
The Online Services may contain hyperlinks to external locations (e.g., other websites) controlled by third parties, including social networking sites. These links are provided solely as a convenience to you, and do not imply an endorsement by Tinkercast or that any affiliation exists between Tinkercast and the linked website. You agree that Tinkercast is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. Tinkercast has not necessarily reviewed, and does not necessarily endorse or verify, content at linked websites, and is not responsible for such content or for your use of such content. You acknowledge that some external locations may contain material or communications which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that Tinkercast shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master.
THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. TINKERCAST DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
TINKERCAST DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE ONLINE SERVICES. NEITHER TINKERCAST NOR ITS CONTENT PROVIDERS, LICENSEES NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY TINKERCAST.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE SERVICES IS DOWNLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM TINKERCAST.COM. ANY MATERIAL UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF ONLINE SERVICES IS UPLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF THE ONLINE SERVICES.
Limitation of Liability
IN NO EVENT WILL TINKERCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS OR LICENSEES BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE ONLINE SERVICES, (B) RELATING TO ANY CONTENT ON THE ONLINE SERVICES, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL TINKERCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS OR LICENSEES BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU, IF ANY TO ACCESS THE ONLINE SERVICES.
You agree to indemnify and hold harmless Tinkercast, its Content Providers and their respective officers, directors, employees, partners, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, and any direct, indirect, incidental, special, consequential or exemplary damages arising from (1) your breach of any representations and warranties found in this Agreement, (2) your use of the Online Services, (3) the User Materials you submit on or through the Online Services, or (4) Tinkercast’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Tinkercast, its Content Providers, licensees, or users of the Online Services.
International User Notice; Choice of Law; Modification; Severability
The Online Services are controlled and operated by Tinkercast from within the United States of America, and is intended for use only by residents of the United States. We make no representations or warranties that the content or materials of the Online Services are appropriate or lawful in any foreign countries, or that any items offered for sale through links on the Online Services will be available outside the United States. Those who choose to access the Online Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any content downloaded from the Online Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The Governing Documents are each governed by and construed under the laws of the District of Columbia, without regard to its choice of law rules, and the laws of the United States. To the extent permissible by law, any disputes under the Governing Documents or relating to the Online Services shall be litigated in the local or federal courts located in the District of Columbia, and you hereby consent to personal jurisdiction and venue in the District of Columbia.
A modification or waiver of a part of either or both of the Governing Documents shall not constitute a waiver or modification of any other portion of the Governing Documents. If for any reason any provision of either or both of the Governing Documents is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the provisions in either or both the Governing Documents will continue in full force and effect.
Your use of the Online Services constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Tinkercast or its Content Providers and licensees in connection with content, software, or services available on, through or in connection with the Online Services.
Right to Change Online Services
Tinkercast reserves the right to change, terminate or suspend the Online Services, any features of the Online Services, and any content or materials contained in the Online Services, in any way, at any time and for any reason or no reason. We also have the right to require you to cease accessing any features, content or materials of the Online Services.
Tinkercast’s failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Tinkercast to exercise or take advantage of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
Use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof.
Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent
Tinkercast respects the intellectual property rights of others. To the best of our knowledge, the content that appears on the Online Services does not infringe the copyrights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Online Services, please provide the following information in writing to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tinkercast to locate the material, like the site URL of the material.
- Information so that we can contact you, such as address, telephone number and electronic mail address.
- A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that Tinkercast improperly removed or disabled content or materials you posted, uploaded or submitted to the Online Services, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. § 512(g) for further detail):
- Your physical or electronic signature.
- A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
Tinkercast’s Copyright Agent can be reached as follows:
Beverly J. Davis
Davis Law, PLLC
611 Pennsylvania Ave., SE #224
Washington, DC 20003
Phone: (202) 441-8278
Only DMCA notices should be sent to this address. Please send other comments or questions to Hello@tinkercast.com.
Effective as of May 5, 2017